Remoteness

Question 1

What is remoteness?

Answer 1

Remoteness is the idea that the loss sustained by C should not be too remote from the action or omission of D in order for D to be liable for that loss.

Question 2

The Test for Remoteness

Answer 2

It is not necessary that the exact injury sustained by C is foreseeable, only that the kind of injury sustained by C was foreseeable at the time D breached their duty of care, i.e a general category (physical, mental, burns, broken bones etc).

If an explosion foreseeable, does not matter that size of explosion was bigger than would have been foreseen = still foreseeable.

Thin skull rule applies. Applies even if aggravated by C’s lack of financial resources,